Articles Posted in Divorce

In many different types of legal or business settings, one receives the advice to “get it in writing.” Why is that? It’s because a written document carries much more weight as evidence in court than oral testimony about the contents of an oral contract. Getting “it in writing” has the potential to help either side or both sides. Additionally, thanks to something within the law called the “Statute of Frauds,” a failure to get it in writing can cost you dearly when it comes to many types of agreements.

What does this mean to you if you’re going through a divorce? It means that, whether you are creating a new marital settlement agreement or modifying an existing one, it pays to get it in written down. It also pays to have an experienced Maryland family law attorney on your side.

For an example of this concept, look at this recent ruling and you can see why it is so important to get it in writing. In 2010, A.M. and R.H. agreed to the terms of a marital settlement agreement. The agreement called for the husband to buy out the wife’s ownership interest in the couple’s marital home and for the wife, after getting paid, to relinquish her ownership rights to the property.

Continue reading →

When you are attempting to get divorced, some people think that it can be very simple as long as the two spouses have been separated for sufficient length of time and there is no dispute about property, spousal support or child issues. For these (mistaken) reasons, too many people try to tackle the legal process of getting a divorce on their own.

The reality is that getting a divorce, whether or not it is a contested matter, often requires careful attention to the rules and detailed knowledge of the law. You have to how to include the proper provisions in your divorce petition, you have to know how to go about serving notice of the filing on your spouse in a way that meets the law’s requirements and you have to know what to do if your spouse does not respond to your filings. Those are but three examples of things that can stymie someone not familiar with the law and the system, and all are examples of how an experienced Maryland family law attorney can help most any spouse seeking to obtain a divorce.

Here’s a recent real-life example. Q.Z. and X.H. were a Chinese couple who married in that country in 1994 and had two children in the United States, one in 2004 and one in 2006. The couple separated in 2012 and Q.Z. (the father), along with the children, returned to live in China, allegedly with no opposition from the mother. The mother remained in Maryland. The father filed for divorce in Maryland in November 2017.

The creator of a series of cops-and-lawyers weekly TV dramas was in the news headlines recently, but the courtroom in question was not a fictional scene from one of his successful shows. Instead, a (very non-fictional) California appeals court issued a ruling related to the producer’s divorce case that closed the door on a fraud lawsuit the man’s ex-wife had been attempting to litigate.

While the producer’s case played out in California, you may find yourself wondering, “Is there such a thing as a fraud claim related to divorce in Maryland and, if so, what should I do if I find myself facing such a case?” Whenever you are going through divorce, or any legal action related to your divorce, one of the keys to being as successful as possible is to be sure you have an experienced Maryland family law attorney on your side to give you the answers you need to all the questions you may have.

In Maryland, there is a very specific way in which the law and the courts look at fraud that is tied to a divorce proceeding. Specifically, the law divides this kind of fraud into two categories: intrinsic fraud and extrinsic fraud. In this context, intrinsic fraud is fraud that is tied to issues pertaining to the original divorce litigation, or things that were (or could have been) litigated in that case. Extrinsic fraud means something that was so hidden that it prevented the parties from litigating that issue in a meaningful way and prevented the court from making a complete ruling because the hidden issue was never presented to the fact-finder. This latter type of fraud is considered more egregious.

Many of us are likely familiar with the stereotype: a marriage is irretrievably in breakdown and one spouse, sensing the end, decides to go out, drain the marital accounts and either blow that money or else hide it. This is something called “dissipation of assets” and it is potentially very harmful to the spouse on the other end. When that happens, you need to know how to respond, which is one reason (among many) why you need experienced Maryland family law counsel on your side as you prepare for, and then go through, the divorce process.

Dissipation of assets is defined as “where one spouse uses marital property for his or her own benefit for a purpose unrelated to the marriage at a time where the marriage is undergoing an irreconcilable breakdown.” So, if one spouse depletes marital assets during the marriage’s final decline (or during the divorce action) and uses those proceeds on things that benefit only him/her individually and not the marital unit, then that is dissipation.

In a case where your spouse has squandered, or absconded with, marital funds, there is a multi-step process in court that must take place. First, you must give the court enough evidence for the judge to find that you’ve established the basic elements of dissipation as defined by Maryland law. (This is called establishing a “prima facie case.”) Once you’ve demonstrated that to the court, then the burden shifts to your spouse, who must show that he/she didn’t dissipate the funds but spent them on a legitimate marital purpose. (For example, if you withdrew substantial sums from the marital checking account but did so to pay the mortgage payment on the marital home and the rent on your one-bedroom apartment after your spouse asked you to move out, then those expenses are valid and are not dissipation.)

As we have discussed in this blog before, succeeding in your family law case is about more than just the facts, the evidence, and the law. Having all of these things on your side won’t help you at all if you are not in compliance with rules of procedure. One recent example of this was a case originally from Montgomery County, where a husband received a very unfavorable outcome in his divorce case. Since the husband waited too long to file his appeal challenging the trial judge’s decisions, he lost without the Court of Special Appeals ever even considering the merits of his arguments.

Continue reading →

Each state has its own peculiarities when it comes to the minimum standard a married couple must meet to pursue a divorce. Some requirements in some states can be cumbersome, awkward, or embarrassing for the parties involved. In an effort to do away with some of these problems, Maryland lawmakers recently changed the divorce laws here. Under the modified statute, some divorces that previously required a third-party witness to testify as to the length of the spouses’ separation may now go forward without this third-party witness testimony. Continue reading →

In a case arising from a somewhat unusual marital settlement agreement, the Court of Special Appeals recently threw out a summary judgment order in favor of a husband who had persuaded the trial court that he had substantially complied with his financial obligations spelled out in that agreement. However, since the wife had presented enough evidence to raise a potentially triable case regarding whether a check she received from her husband was a payment under the agreement or a gift, the trial court should not have granted a summary judgment in favor of the husband.

Continue reading →

The Maryland Family Law Code makes clear that parents are responsible for their child’s support, including their care, nurture, welfare, and education. While this may seem like a straightforward and reasonable legal concept, there are instances in which an alleged parent challenges this obligation or attempts to avoid the support obligation altogether. Local state agencies and courts work to ensure that a parent who is legally obligated to support a child actually fulfills that responsibility. In many divorce cases, a judge will require one party to pay monthly child support. To be sure that your financial interests are adequately protected upon separation from your spouse, you are encouraged to consult with an experienced Maryland family law attorney as soon as possible.

In a lengthy and complicated divorce case, the husband sought to avoid responsibility for child support by contending that he was not the father of a child conceived via in vitro fertilization under the plain meaning of Maryland’s artificial insemination statute. Specifically, the father alleged that the law does not encompass the process of in vitro fertilization from a donated egg and sperm, in which the child conceived and born bears no genetic connection to either of the parties.

Continue reading →

It is not uncommon for a married couple to spend the first 25 to 30 years of their life together working and saving money to enjoy in retirement. Over the course of their lifetime, spouses often invest money in stocks, 401K plans, education plans, pension plans, real estate, and other investment opportunities. Ideally, the couple will have an opportunity to enjoy the results of their labor in retirement together. But an interesting phenomenon is taking place. A large percentage of the baby boom generation is seeking to divorce, resulting in some unexpected financial consequences. If you are considering a separation or divorce at any stage of your life, it is extremely important to protect your financial interests, including any investments. You are encouraged to contact an experienced family law lawyer, someone who understands the local divorce laws in Maryland.

According to a recent article, since divorce among people age 50 and older is so widespread, it is becoming known as a “gray divorce.” The author points out that divorce for this age bracket raises several unique concerns involving how each spouse will retire now that the so-called “nest egg” must be split in two. For instance, in a typical divorce, Maryland law allows for the periodic payment of alimony to one spouse. The ultimate goal of alimony is to give the “supported spouse” an opportunity to become self-supporting. When a court awards alimony, it is intended to be “rehabilitative alimony” for an allotted period of time to enable a dependent spouse to become self-supporting.

Continue reading →

Couples with children who decide to divorce must address a series of significant and possibly life-changing issues. In addition to the division of property and spousal support, parents must also face matters of child custody and support. Ideally, parents will agree on the custody situation that is in the best interests of the child. Courts often get involved to approve the arrangement and decide on a fair amount of monthly child support. Keep in mind that parties are able to seek a modification of the amount in the future, should a change of circumstances occur. Courts take very seriously an individual parent’s obligation to make child support payments in a timely fashion and may be called upon to enforce the order. To be sure that your financial and legal rights are protected, you are encouraged to contact an experienced family law attorney as soon as possible.

Maryland law provides local state agencies with the authority to collect overdue child support payments. In a recent Maryland court of appeals case, a local county Office of Child Support Enforcement (the “Office”) attempted to collect a judgment of almost $10,000 against an obligor-parent for unpaid child support. Here, the Office requested a circuit court to issue a writ of garnishment against the obligor’s bank, which in turn suspended the obligor’s two accounts. Under Maryland law (Section 11-504(b)(5)), a judgment creditor may “attach assets” of a debtor to satisfy a money judgment.

Continue reading →

Contact Information